How to Evict a Tenant From Your House

A landlord begins the eviction process by presenting a tenant with a written notice. Should the tenant fail to respond by vacating or remedying the problem--most often, unpaid rent--the landlord begins a court procedure called an unlawful detainer lawsuit to reclaim his house. Following a court appearance, a judge will rule on the eviction. When a landlord receives the judgment in his favor, the court forces the tenant to leave the premises.

1

Research the local laws with your municipal housing court or rent board to confirm you have a justified cause to evict your tenant, and to determine what amount of notice is required based on your situation. Standard eviction notices are often 3-day, 30-day or 60-day.

2

Prepare and serve the eviction notice to the tenant. When providing a tenant with a 3-day notice due to unpaid rent, accurately state the total amount of rent due, payee, name, address and telephone number, if the tenant may make payment in person and what days and hours payment can be made. So long as a financial institution is located five miles or less from the house, you can request the tenant make payment at a bank or financial institution. Include the bank name, address and your account number where the payment should be deposited. When evicting a tenant for a lease violation or other improper conduct, you must indicate the reason on the notice. You must personally serve the eviction to the tenant at his home or work by physically handing it to him. If you are unable to locate the tenant, leave the notice with an alternate person considered of suitable age and discretion, such as an adult in the home or workplace, or post it in a conspicuous place at the residence such as on the entry door. When posting or leaving the notice with an alternate person, you must also send a second copy of the notice by a traceable delivery service, such as certified postal mail.

3

File an unlawful retainer lawsuit with your local housing court if the tenant does not move out voluntarily or vacate the property by the date indicated on your notice. Simultaneously filing a form called a prejudgment claim of right to possession allows you to start an eviction for all persons living in the house, even those you do not know and therefore cannot identify by name to provide with written notice. A tenant has five days, or 15 days if the tenant's notice was mailed, to file a response with the courts. If the tenant fails to respond or ignores the notice, contact the court again and petition for a default judgment against the renter. Once issued, the tenant will receive a notice from the local sheriff indicating when he must vacate.

4

Attend the unlawful detainer lawsuit hearing to present any evidence you have to support your eviction case if the tenant has responded to your initial notice and wishes to go to trial. Should the court find on behalf of the tenant, he will not get evicted and you may have to pay the tenant's attorney and filing fees and any applicable court costs. When the judge rules in favor of the property owner, he issues a document called a writ of possession ordering the sheriff to remove the renter from your house. The notice provides the tenant with an additional five days from when the sheriff serves the writ to leave voluntarily. On the fifth day, the sheriff has permission from the court to remove the tenant and his belongings and change the locks. Generally, a landlord receives a judgment awarding any unpaid rent, damages, court costs and fees incurred from an attorney for representation during the eviction trial. A landlord may be eligible for a penalty of up to $600 (as of September 2010) if a tenant commits malicious acts when vacating the house. If the tenant requests a stay of execution, a judge may approve an approximate additional week of move-out time at his discretion in exchange for rental payment directly to the court.

Tips

San Francisco Superior Court provides a fee waiver for landlords who cannot afford to pay the filing fees associated with their eviction cases.

Warnings

Landlords may not require a tenant to pay past-due rent in cash.

Three-day, 30-day and 60-day notice forms generally have a court-specified layout for text formatting and content, so check with your local housing courts for samples.

In California, only one owner move-in eviction is permitted per building and displaced tenants are typically eligible for a relocation payment.

Evicting a tenant because he exercised his legal right or complained is considered retaliatory and is prohibited. Furthermore, a landlord cannot change locks, remove tenant belongings or disconnect utilities to force an eviction.

About the Author

Tricia Chaves began her writing career after working in advertising and promotions for entertainment publisher "The New Times." In 2005, she earned her real-estate salesperson license from the state of Ohio and certification for leasing and property management from the Northeast Ohio Apartment Association. She was certified as a life and weight-loss coach and master practitioner of neuro-linguistic programming in 2011.